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Pearland ZBA rejects parking-variance request for proposed Broadway shopping center and event space

3610099 · February 7, 2025
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Summary

The Zoning Board of Adjustments voted 0-5 to deny VARZ 24-28, a request to reduce required off-street parking by 25 spaces for a proposed 22,121 sq ft shopping center and event space at 8535 Broadway Street.

The Pearland Zoning Board of Adjustments voted 0-5 on Feb. 6, 2025, to deny a request (VARZ 24-28) to reduce required off-street parking for a proposed shopping center with event space at 8535 Broadway Street.

City staff said the project would total 22,121 square feet and — under the city’s Unified Development Code — required 111 parking spaces; the applicant’s site plan proposed 86 spaces. Katie Peterson, City staff, told the board that an analysis found the application met none of the eight variance criteria in section 2252(d) of the Unified Development Code and recommended denial.

Staff’s recommendation centered on the absence of a physical hardship tied to the lot, the potential for overflow parking onto adjacent properties and sidewalks, and uncertainty about how reduced parking would interact with fire-lane, access and other site requirements once the final site plan was fully reviewed. “Staff recommends denial of the variance for the reduction of the 25 parking spaces,” Peterson said.

The project team argued the proposed mix of uses and staggered hours would reduce peak parking demand. Arash Falahi, the project architect, said the owner planned to restrict operations so medical offices would operate during typical business hours and the banquet/event space would be used evenings and weekends. “The owner… wants to set a restriction, by setting operational hours, for this additional 5,000 square feet,” Falahi said.

A property representative, Richard Fluekicker, told the board the applicant planned deed restrictions and a valet and had a letter of intent to use 25 off-site parking spaces on an adjacent developed property as overflow. “The banquet hall won’t book anything until 06:00, Monday through Friday,” Fluekicker said, and he said the owner would operate the banquet space rather than rent it to outside promoters.

Board members and staff pressed on enforceability. Staff noted deed restrictions are private instruments the city does not control and said long-term off-site parking agreements would need to be reviewed and approved by the city’s legal department and typically be for more than five years to meet the Unified Development Code’s standards for special exceptions. The board also cited concerns that reduced parking could spill onto neighboring properties and the Broadway sidewalk.

The board moved to place a motion for approval but voted 0-5 against the variance request. The denial leaves the applicant with options discussed during the hearing, including reducing building square footage (for example, by eliminating the proposed second-story event space), pursuing a formal long-term off-site parking agreement that meets city legal review, or resubmitting a revised site plan that demonstrates compliance with parking and other UDC requirements.

Votes at a glance: VARZ 24-28 — motion to approve (text as moved at the meeting), outcome: failed, tally: 0 yes, 5 no. Staff recommendation: denial.